Building Control (Amendment) Regulations, 1994

• Jurisdiction: Ireland
• Citation: IR SI 153/1994

S.I. No. 153 of 1994.

BUILDING CONTROL (AMENDMENT) REGULATIONS, 1994.

The Minister for the Environment, in exercise of the powers conferred on him by sections 6 and 18 of the Building Control Act, 1990 (No. 3 of 1990), hereby makes the following Regulations:— 1. These Regulations may be cited as the Building Control (Amendment) Regulations, 1994. 2. These Regulations shall come into operation on the 1st day of August, 1994. 3. In these Regulations, "the Principal Regulations" means the Building Control Regulations, 1991 ( S.I. No. 305 of 1991 ). 4. The Principal Regulations are hereby amended by the substitution of the following for article 3 (4)—

"(4) In these Regulations, save where the context otherwise requires—

"the Act" means the Building Control Act, 1990 ;

"agriculture" includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, the use of land for turbary, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes;

"building control authority" means a building control authority as defined in section 2 of the Act;

"Building Regulations" means the Building Regulations, 1991;

"drainage system", in relation to a building, means the system of pipes and drains used for the drainage of the building, including all other fittings, appliances and equipment so used but excluding subsoil water drains;

"Fire safety certificate" means a certificate under section 6 (2) (a) (ii) of the Act;

"flat" means separate and self-contained premises constructed or adapted for residential use and forming part of a building from some other part of which it is divided horizontally;

"industrial building" includes a factory or other premises used for manufacturing, altering, repairing, cleaning, washing, breaking-up, adapting or processing any article, generating power or slaughtering livestock;

"institutional building" includes a hospital, nursing home, home for old people or for children, school or other similar establishment used as living accommodation or for the treatment, care or maintenance of persons suffering from illness or mental or physical disability or handicap, where such persons sleep on the premises;

"material alteration" means a material alteration under article 10 of the Building Regulations;

"material change of use" means a material change of use under article 12 of the Building Regulations;

"minor works" means works consisting of the installation, alteration or removal of a fixture or fitting, or works of a decorative nature;

"office" includes premises used for the purpose of administrative or clerical work (including writing, book keeping, sorting papers, filing, typing, duplicating, machine calculating, drawing and the editorial preparation of matter for publication, handling money (including banking and building society work) or telephone system operation);

"place of assembly" includes—

(i) a theatre, public library, hall or other building of public resort used for social or recreational purposes,

(ii) a non-residential school or other educational establishment,

(iii) a place of public worship,

(iv) a public house, restaurant or similar premises used for the sale to members of the public of food or drink for consumption on the premises,

but no building shall be treated as a place of assembly solely because it is a building to which members of the public are occasionally admitted;

"shop" includes a building used for retail or wholesale trade or business (including retail sales by auction, self-selection and over-the-counter wholesale trading, the business of lending books or periodicals for gain and the business of a...